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LEBOVICI v. JAMAICA BANK

81 A.D.2d 150 (1981)

Ronald S. LeBovici et al., Respondents, v. Jamaica Savings Bank, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 15, 1981

Attorney(s) appearing for the Case

Jerry J. Limoncelli for appellant.

Ronald S. LeBovici, P. C. (Louis Schaeffer of counsel), respondent pro se and for Tanya LeBovici, respondent.

Leopold S. Rassnick (Cullen & Dykman [William P. Tucker], John P. Cuddahy and Joseph E. Kaht of counsel), for Savings Banks Association of New York State amicus curiae.

RABIN, J. P. and GULOTTA, J., concur with THOMPSON, J.; WEINSTEIN, J., dissents and votes to affirm the order.

THOMPSON, J.

This case raises a question of major interest to the thrift institutions in this State: whether a savings bank may refuse permission to a depositor to make a premature withdrawal of a time deposit when the account application forbids such withdrawals without the bank's permission but when the bank's policy at the time the deposit was made had been to permit such withdrawals.

In July, 1977...

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